Good ordered from EU not arrived can I claim on credit card?

Lindalou

Hello - I used to be able to order 12 bottles of Spanish Veterano brandy from several different Spanish companies before Brexit with no problems. The delivery used to take about 8 days.
Since Brexit I could only find one company that would supply, and the order had to be under £162. I duly ordered on 26th January 2021,  with shipping costs it came to approx £150 and I paid on my Santander credit card. Today is the 7th March and I still have not received the goods. Looking on the tracking record it seems the parcel has gone backwards and forwards due to customs checks and wrong paperwork.  I have emailed the company several times, but not had the courtesy of a reply., 
As I paid on my credit card I was wondering if I could claim a refund on them but I am unsure of the rules if ordering outside the UK ?
If not, is there any way I could try and get my money back as the company is not responding.  Many thanks for any advice.

[Deleted User]

Why would you take that approach? Why not complain to the firm (not just email them chasers) or even ring them and threaten the chargeback and see what happens?

At the least then you have a proper trail to approach the credit card firm for, though the fact they have sent the goods which are in transit, albeit stuck due to poor paperwork does rather give the company a good argument that they are fulfilling their end of the deal. If it gets to the UK eventually, after whatever import duty/VAT you have to pay, and if you had a refund already, you will have to do something with the goods, you won't be able to keep them. The card company will likely do a chargeback anyway before doing an S75

maxsteam

Yes, you can claim on your credit card, or even refuse to pay that part of the bill (the card company will not like this - they will try to add non-payment penalties - but it is your right), if the goods don't arrive.

I agree that it's best to contact the company first to try and find other ways to resolve the situation. You should also wait until the tracking either reaches an obvious conclusion or stops making sense. I know that you are aware that the rules for importing alcohol changed significantly on 1 January. It is possible that the one company that agreed to supply had not checked the rules as well as other companies. It is also possible that you will be asked to pay duty/VAT/fees if the goods arrive. I will let you check the rules....

https://www.gov.uk/guidance/import-alcohol-into-the-uk

[Deleted User]

You really shouldn't tell people to refuse to pay their bill, what "right" do you have to not pay for goods that you ordered (that the CC company has paid for) and that have been supplied, albeit held up in customs?

born_again

Yes you have a chargeback right for non receipt of goods. Be aware that the company does have a right to contest it within 45 days if they can prove delivery.

Do not go down the route of NOT PAYING. 
Would love to know which "Right" @maxsteam is talking about.

MEM62

Deleted_User said:

You really shouldn't tell people to refuse to pay their bill, what "right" do you have to not pay for goods that you ordered (that the CC company has paid for) and that have been supplied, albeit held up in customs?

Probably the same 'right' that the seller has not to provide the goods that have been bought and paid for.  If the seller is unresponsive as the OP has stated, then a chargeback would be an appropriate course of action but the OP needs to be aware that, on an economy service, a transit time in excess of five weeks from Spain is not unusual.     

[Deleted User]

MEM62 said:

Deleted_User said:

You really shouldn't tell people to refuse to pay their bill, what "right" do you have to not pay for goods that you ordered (that the CC company has paid for) and that have been supplied, albeit held up in customs?

Probably the same 'right' that the seller has not to provide the goods that have been bought and paid for.  If the seller is unresponsive as the OP has stated, then a chargeback would be an appropriate course of action but the OP needs to be aware that, on an economy service, a transit time in excess of five weeks from Spain is not unusual.     

The seller has provided the goods though, that Brexit has screwed up a previously smooth import process is not the fault of either party (well maybe OP if they voted leave). A chargeback would likely be contested as they have sent the goods.

I don't know what economy service you use but we get economy shipments from our colleagues in the EU in 3-4 days road service

MEM62

Some economy services are more 'economy' than others and we do not know who the sender has used.  As a Freight Forwarder, I have working relationships with a number operators into and out of the continent ranging from the express industry (small parcel) carriers to those offering full loads.  Brexit has not screwed up anything.  There were some hiccups in the first week or so but, at this stage, the only companies not able to move goods are those that have not yet got their act together.  For the rest if us, things are working OK - not yet perfect but OK.     

oldagetraveller1

"that Brexit has screwed up a previously smooth import process"

I wondered how long it would be before someone chimed in with "Brexit"!

[Deleted User]

oldagetraveller1 said:

"that Brexit has screwed up a previously smooth import process"

I wondered how long it would be before someone chimed in with "Brexit"!

Brexit is the entire reason for the customer's problems
1a) Before Brexit - order from any of several suppliers
1b) After Brexit - only one will ship to the UK
2a) Before Brexit - no issue with value of order
2b) After Brexit - supplier will only ship less than a certain value to avoid VAT issues
3a) Before Brexit - smooth delivery in 8 days
3b) After Brexit - import needs paperwork like 4x commercial invoice to get through customs, item stuck in customs due to problems with paperwork
4a) Before Brexit - No import duty/VAT
4b) After Brexit - good chance they will get taxes on receiving goods

You can deny reality all you like but even OP acknowledges the problem has happened because of Brexit.

Brexit was fundamentally a terrible idea for UK trade

[Deleted User]

MEM62 said:

Some economy services are more 'economy' than others and we do not know who the sender has used.  As a Freight Forwarder, I have working relationships with a number operators into and out of the continent ranging from the express industry (small parcel) carriers to those offering full loads.  Brexit has not screwed up anything.  There were some hiccups in the first week or so but, at this stage, the only companies not able to move goods are those that have not yet got their act together.  For the rest if us, things are working OK - not yet perfect but OK.     

That isn't a true reflection of reality. 
Before Brexit I could order something from any of our EU colleagues and have it next day, it required a shipping label and there was no delay. Post Brexit, every parcel in/out needs commercial invoices both electronic and paper copies necessitating 8 pages to be printed. Now parcels take 3-4 days even going express due to customs checks and it will only get worse in April. We work directly with one of the biggest logistics firms in the world, our parcels are shipped from their facility to us, by them and we still cannot guarantee speedy service, it's on a par with deliveries from the US and Israel now. Anyone who works in import/export who doesn't think Brexit has made trade harder and requiring more admin work/delays is lying.